Final provisions

52Interpretation

In this Act—

  • aquaculture” means the breeding, rearing, growing or cultivation of—

    1. a

      any fish or other aquatic animal,

    2. b

      seaweed or any other aquatic plant, or

    3. c

      any other aquatic organism;

  • aquaculture activities” means any of the following (whether or not carried out in the course of a business or employment)—

    1. a

      aquaculture;

    2. b

      harvesting aquaculture organisms;

    3. c

      operating vessels for harvesting or processing aquaculture organisms;

    4. d

      storing or transporting aquaculture organisms;

    5. e

      loading and unloading aquaculture organisms;

    6. f

      processing aquaculture organisms;

  • aquaculture organism” means an aquatic organism resulting from aquaculture;

  • the baselines” means the baselines established by the Territorial Sea (Baselines) Order 2014 (S.I. 2014/1353);

  • British fishing boat” means a fishing boat—

    1. a

      which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995,

    2. b

      which is British-owned, or

    3. c

      which is registered under the law of Jersey, Guernsey or the Isle of Man;

  • British-owned” means owned by—

    1. a

      a person who is for the purposes of Part 2 of the Merchant Shipping Act 1995 a person qualified to own a British ship, or

    2. b

      two or more persons any one of whom is for those purposes a person so qualified;

  • bycatch” means—

    1. a

      fish that are caught in the course of fishing for fish of a different description, or

    2. b

      animals other than fish that are caught in the course of fishing;

  • catch quota” has the meaning given by section 23(5)(a);

  • a charging scheme” has the meaning given by section 28(1);

  • commercial aquaculture activities” means—

    1. a

      any aquaculture activity carried out in the course of a business or employment;

    2. b

      selling aquaculture organisms (whether wholesale or retail);

  • commercial fish activities” means—

    1. a

      any fish activity carried out in the course of a business or employment;

    2. b

      selling fish or fish products (whether wholesale or retail);

  • commercial fish or aquaculture activities” means commercial fish activities or commercial aquaculture activities;

  • the Common Fisheries Policy Regulation” means Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy;

  • effort quota” has the meaning given by section 23(5)(b);

  • English fishing boat” means a fishing boat—

    1. a

      which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and

    2. b

      whose entry in the register specifies a port in England as the port to which the boat is to be treated as belonging;

  • English sea fishing licence” means a licence granted under section 15 in respect of an English fishing boat;

  • fish” includes shellfish;

  • fish activities” means any of the following (whether or not carried out in the course of a business or employment)—

    1. a

      catching fish;

    2. b

      operating vessels for catching or processing fish;

    3. c

      transporting fish or fish products;

    4. d

      loading and unloading fish or fish products;

    5. e

      processing fish;

  • fish and aquaculture activities” means fish activities and aquaculture activities;

  • fisheries management plan” has the meaning given by section 2(6);

  • the fisheries objectives” has the meaning given by section 1(1);

  • the fisheries policy authorities” means—

    1. a

      the Secretary of State,

    2. b

      the Scottish Ministers,

    3. c

      the Welsh Ministers, and

    4. d

      the Northern Ireland department;

  • fishery products” means—

    1. a

      fish or other aquatic organisms resulting from fishing or aquaculture, or

    2. b

      products derived from aquatic organisms within paragraph (a);

  • fishing boat” means a vessel of whatever size, and in whatever way propelled, which is for the time being employed in sea fishing;

  • foreign fishing boat” means a fishing boat which is not a British fishing boat;

  • home port”, in relation to a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, means the port specified in the boat's entry in that register as the port to which the boat is to be treated as belonging;

  • inland waters” has the meaning given by section 221(1) of the Water Resources Act 1991;

  • inter-branch organisation” means an organisation established under Article 11 of Regulation (EU) No 1379/2013 of the European Parliament and of the Council and recognised in accordance with Section 2 of Chapter 2 of that Regulation;

  • international obligation of the United Kingdom” includes any obligation that arises or may arise under an international agreement or arrangement to which the United Kingdom is a party;

  • JFS” means a joint fisheries statement;

  • joint fisheries statement” has the meaning given by section 2(1);

  • the marine and aquatic environment” includes—

    1. a

      the natural beauty or amenity of marine or coastal areas, or of inland waters or waterside areas,

    2. b

      features of archaeological or historic interest in those areas, and

    3. c

      flora and fauna which are dependent on, or associated with, a marine or coastal, or aquatic or waterside, environment;

  • marine stocks” means stocks of available and accessible living marine aquatic species, including anadromous and catadromous species during their marine life;

  • master”, in relation to a fishing boat, includes the person for the time being in command or charge of the boat;

  • maximum sustainable yield” means the highest theoretical equilibrium yield that can be continuously taken on average from a marine stock under existing environmental conditions without significantly affecting the reproduction process;

  • mile” means an international nautical mile of 1,852 metres;

  • minimum conservation reference size”, in relation to an aquatic organism, means the size of a member of the species of which the organism is a member, at the level of maturity of that organism, below which capture or retention is prohibited or restricted;

  • Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act);

  • Northern Ireland” and “the Northern Ireland zone” have the same meaning as in the Northern Ireland Act 1998 (see section 98(1) and (8) of that Act);

  • the Northern Ireland department” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

  • Northern Ireland fishing boat” means a fishing boat—

    1. a

      which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and

    2. b

      whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;

  • primary legislation” means—

    1. a

      an Act of Parliament,

    2. b

      an Act of the Scottish Parliament,

    3. c

      a Measure or Act of Senedd Cymru, or

    4. d

      Northern Ireland legislation;

  • processing”, in relation to fish or any other aquatic organism, includes preserving or preparing the organism, or producing any substance or article from it, by any method for human or animal consumption;

  • producer organisation” means an organisation established under Article 6 of Regulation (EU) No 1379/2013 of the European Parliament and of the Council and recognised in accordance with Section 2 of Chapter 2 of that Regulation;

  • Scotland” and “the Scottish zone” have the same meaning as in the Scotland Act 1998 (see section 126(1) and (2) of that Act);

  • Scottish fishing boat” means a fishing boat—

    1. a

      which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and

    2. b

      whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;

  • sea fish” means fish of any kind found in the sea;

  • sea fishing licence” has the meaning given by section 18(1);

  • sea fish licensing authority” means—

    1. a

      the Scottish Ministers,

    2. b

      the Welsh Ministers,

    3. c

      the Northern Ireland department, or

    4. d

      the Marine Management Organisation;

  • Secretary of State fisheries statement” has the meaning given by section 4(4);

  • sensitive species” means—

    1. a

      any species of animal or plant listed in Annex II or IV of Directive 92/43/EEC of the Council of the European Communities on the conservation of natural habitats and of wild flora and fauna (as amended from time to time),

    2. b

      any other species of animal or plant, other than a species of fish, whose habitat, distribution, population size or population condition is adversely affected by pressures arising from fishing or other human activities, or

    3. c

      any species of bird;

  • shellfish” includes molluscs and crustaceans of any kind found in the sea or inland waters;

  • SSFS” means a Secretary of State fisheries statement;

  • subordinate legislation” means an instrument made under primary legislation or under F1assimilated direct legislation;

  • sustainable level”, in relation to a marine stock, means a level of that stock above biomass levels capable of producing maximum sustainable yield;

  • UK fishing boat” means a fishing boat—

    1. a

      which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, or

    2. b

      which is British-owned;

  • Wales” and “the Welsh zone” have the same meaning as in the Government of Wales Act 2006 (see section 158(1) and (3) of that Act);

  • Welsh fishing boat” means a fishing boat—

    1. a

      which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and

    2. b

      whose entry in the register specifies a port in Wales as the port to which the boat is to be treated as belonging.